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Brian Cordery (Bristows)
Leo Roars Again
August 07, 2015

The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no…

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Miquel Montañá (Clifford Chance)
New Spanish Patents Act coming into force on 1 April 2017
August 07, 2015

On 25 July 2015, the Spanish Official State Gazette published the text of Act 24/2015, of 24 July 2015, on Patents ("New Patents Act" or "the new Law"), which is due to come into force on 1 April…

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Hetti Hilge (Rospatt Osten Pross )
Germany - late filing of new prior art can be too late
August 06, 2015

The Oberlandesgericht Düsseldorf (Higher Regional Court, appeal instance) just issued a court order on the admissibility of new prior art that the defendant discovered only in the second instance…

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Anders Valentin (Bugge Valentin)
Pregabalin - second medical use claims construction in Denmark
August 06, 2015

In one of the ongoing Pregabalin diputes, the Danish specialty court for IPR, the Maritime and Commercial Court in Copenhagen, recently rendered a 50-pages decision in a PI-action filed by Warner-…

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Jan Pot (Brinkhof)
The Netherlands: Resolution Chemicals v. Shionogi and AstraZeneca, District Court of The Hague, C/09/468395, 15 July 2015
August 05, 2015

The District Court holds that Shionogi’s SPC for rosuvastatin (Crestor®) is invalid in part for added matter and grants a declaration of non-infringement for Resolution Chemicals’ proposed zinc salt…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Zugriffsrechte, Federal Court of Justice of Germany, X ZR 35/11, 14 October 2014
August 05, 2015

Dealing with claim construction issues, the FCJ held that a claim construction which leads to the result that none of the embodiments described in the patent specification would be covered by the…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Appeals Court Renders First Interpretations Of Biosimilars Law
July 30, 2015

In Amgen v. Sandoz, Fed. Cir., No. 15-1499 (July 21, 2015), a divided panel of the U.S. Court of Appeals for the Federal Circuit issued its first decision interpreting the Biologics Price Competition…

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Miquel Montañá (Clifford Chance)
Innovation at the Mobile World Congress sparks innovation at Barcelona Commercial Courts
July 24, 2015

Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that…

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Brian Cordery (Bristows)
Kluwer Patent Blog Summer UPC Quiz
July 23, 2015

 Summer is here and the anticipated (but not yet actually arrived in the author’s personal experience) slow-down in activity may provide many Kluwer Patent Blog readers with the chance to draw…

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Rien Broekstra (Brinkhof)
The Netherlands: A v. Arca, District Court of The Hague, C/09/466982, 4 February 2015
July 22, 2015

Competence of the Dutch courts is determined solely based on facts furnished by plaintiff. Jurisdiction for patent entitlement claims is governed by the Protocol on Recognition to the EPC, not by the…

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